Testifying in Court

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Greetings, my friends.
I have been asked by a large lawfirm to testify in Court. I have given brief depositions before, as an expert witness, but never actually had to go on behalf of a plantiff or defendant. I like podiatrists and orthopedists and I do not like lawyers. Does anyone have experience in testifying?
A colleague from New York tells me that he testifies often, the pay is excellent, and he has relationships with some local attorneys. This, to me, seems somewhat dishonest. Comments?

 

" I like podiatrists and orthopedists and I do not like lawyers."

Oh, THAT is funny!!!!!

Although I agree with that statement, I think you should look at it differently: it's not about doctor's vs lawyers but how our legal system works and participating in it.

I'm like you as far as having done quite a few depositions but never gone to court. I've given expert opinions but always during a deposition - I guess they always get settled!!!!!

Like depositions I would suggest......,don't say more then you need to, don't expound without being asked, don't answer questions that have not been asked and ask for clarification if you don't understand the question.

Let us know how it goes.

Steve

 

Thank you, Steve.
Good advice. I had a deposition a few months back where a lady ended up with a BK amputation. Her lawyer, who has TV ads and billboards, wanted me to say that her amputation was due to an injury ("slip and fall") six months prior. I could not definitively agree, because she had poorly-controlled DM, PVD, PN, and a long history of foot ulcers...
He hasn't called me back to testify since---
Thanks again.
I'll let you know how it goes.
-John

 

John:

My experience in malpractice matters has shown me that both the experts for the plaintiff and defendant tend to embelish their testimony, to the point of outright lying, in many cases. To me, the malpractice system seems no more than a game in that the expert that can fabricate the best story in court and seem the most believable to the jury and judge will generally win the case. Because of this fact about our legal system, I personally don't think it is worth the money to testify for either side but I have done it on occasion as a treating doctor, for the benefit of the patient. I think you will find the experience interesting, but not very pleasant or particularly fulfilling. I would rather make less money and be doing something else.

 

Hi John

Not sure if this helps for now (being UK based and basing this on my own limited court experience in criminal matters) but maybe for future reference. Underling all that you imply is a specific issue, namely that of BIAS, in its many forms and motivators. However, the following can be applied to medico legal matters:

1 Within expert witness work the FACT of bias is normal, highly common and cannot be avoided! The key is that of managing it (and in any report - civil/criminal - being able to demonstrate how you have managed it) so that the net result of any opinion you provide has minimal amounts of bias. Difficult to do when first starting out but does come easier over time.

2 One way to consider managing bias is to ensure that, if you are acting (say) on behalf of the prosecution, whilst preparing your report give serious consideration to the questions a defence team may develop as they critique your conclusions. This forces you to think broader and more fully about any opinion you have made - making any decision you supply more fair minded

3 Where possible back up your opinion with researched data. If not possible then the fact that you have also done number 2 above goes a long way for both sides

4 Do not go beyond your knowledge but ensure what you present shows your breadth of knowledge and consideration of the subject.

5 If cross examined take your time answering, even repeat the question or rephrase the question aloud as this can help get the mental cogs calmer before you respond.

In the UK expert witness context (for actions of crime - who ever commissions the work) any reports we prepare are to the court so that does allow us a leeway to not try to satisfy whoever commissions us.

I'm sure more able people may respond but hope the above does prove helpful.

Cheers
Ian

 

As a medical transcriptionist for a podiatrist, this simply magnifies the need for good documentation of any patient and the procedures were were performed, etc. If a physician has good, clear documentaton of his/her dealings with a patient the court has solid ground for decision making. Not that expert testimony is not needed; however, the better the documentation provided by the attending physician should mitigate the need for outside opinion to a certain extent.

 

I have had quite a bit of experience testifying on all sides (defense and plaintiff) as well as being disposed on multiple occasions for a patent infringement case. If you are well prepared, it can be a rewarding experience. If you take it too lightly...and are not familiar with the facts of the case....it can be very embarrassing.

Always be honest. The defense lawyers may not call you again...but it makes sleeping a whole lot easier at night.

Howard

 

It is for this reason that physicians should have excellent and correct documentation in writing by a competent medical transcriptionist. In this way, the facts were recorded at the time of the "incident or problem", negating the need for extra testifying with perhaps the exception of the transcriptionist that the facts were accurately noted in the patients dictation and transcribed correctly. Sharyn

 

Thank you for the messages.
Howard, are you the "Vasyli & Dananberg" Dananberg??

If so, and I assume you are, thank you. I am the Podiatrist at LSU Health Sciences Center. I came across your orthotics through our out-patient PT department.
Being a busy, inner-city medical center, we lack personnel and funding necessary to make custom orthotics for all who need them. Yours are an excellent alternative- the best I've seen.
I'd like to see about ordering more. Pass me some information, if it's not too much trouble-
Thanks again-
-John

 

look up Bond Solon its accredited to Cardiff University in the Uk and may be available distance learning or you may find the equivalent in your country. Its absolutely excellent, with modles covering all aspects of giving evidence from how to write a report, medical jargon and court appearances.

Make sure you know your stuff!

 

Thank you very much.